State Of Kerala vs Haseena.N.K
2024 Latest Caselaw 4305 Ker

Kerala High Court

State Of Kerala vs Haseena.N.K on 1 February, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
          THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
   THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
                           WA NO. 140 OF 2024
AGAINST THE ORDER DATED 18.08.2023 IN WP(C) 40738/2022 OF HIGH
                            COURT OF KERALA
APPELLANTS/APPELLANTS 1 TO 4 IN WPC:

    1          STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
               GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

    2          THE DIRECTOR OF GENERAL EDUCATION
               JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014

    3          THE DEPUTY DIRECTOR OF EDUCATION, KOTTAPPADY DOWN
               HILL, MALAPPURAM, PIN - 676 519

    4          THE ASSISTANT EDUCATIONAL OFFICER, MANKADA,
               ANGADIPURAM, MALAPPURAM, PIN - 679 321

               BY ADV GOVERNMENT PLEADER

               ADV. B. VINITHA    SR GP


RESPONDENTS/PETITIONER AND 5TH RESPONDENT IN WPC:

    1          HASEENA.N.K, LPST, PARAMMAL KOMU HAJEE MEMORIAL
               AIDED LOWER PRIMARY SCHOOL, PADAPARAMBA, P.O,
               VATTALOOR, MANKADA, MALAPPURAM, PIN - 676 507

    2          THE MANAGER, PARAMMAL KOMU HAJEE MEMORIAL AIDED
               LOWER PRIMARY SCHOOL, PADAPARAMBA, P.O.VATTALOOR,
               MANKADA, MALAPPURAM, PIN - 676 507


        THIS    WRIT   APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 140 OF 2024

                               ..2..




                   JUDGMENT

A. Muhamed Mustaque, J.

The State has come up with this writ appeal challenging

the interim order directing the Department to pay the salary

prospectively. It is to be noted that the approval itself was

rejected.

2. The learned Single Judge has to take a decision as

to the legality of the rejection. In such circumstances, it is not

proper to order payment of salary.

3. The learned counsel for the respondents points out

that the State took eleven chances for filing counter affidavit

and on account of the delay, the learned Single Judge passed

such an order.

4. The learned Government Pleader undertakes that

the counter affidavit will be filed within two weeks. The said

submission is recorded.

5. We make it clear that if the counter affidavit is not

filed within two weeks, the interim order will come into force.

Accordingly, subject to the condition as above, operation of WA NO. 140 OF 2024

..3..

the interim order is stayed till further orders are passed in

this matter by the learned Single Judge.

The writ appeal stands disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE PR WA NO. 140 OF 2024

..4..

PETITIONER ANNEXURES

Annexure A1 A TRUE PHOTOCOPY OF THE OBJECTION REMARKS BY THE THIRD RESPONDENT

Annexure A2 A TRUE COPY OF THE JUDGMENT DATED 10.12.2021 IN W.P(C) NO.28369/2021

Annexure A3 A TRUE COPY OF THE ORDER NO.DGE/14019/2021/E4 DATED 22.04.2022 OF DIRECTOR OF GENERAL EDUCATION

Annexure A4 A TRUE PHOTOCOPY OF THE G.O(RT) NO.7676/2022/ G.EDN DATED 05.12.2022